City Council Minutes 05-11-1998MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, May 11,1998 - 7 p.m.
Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen
Members Absent: None
2. A. A r f ' 1 h 1 2 1
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER
CARLSON TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD
APRIL.. 27, 1998, AS WRITTEN. Voting in Favor: Bill Fair, Brian Stumpf, Roger
Carlson, Bruce Thielen. Abstaining: Clint Herbst. Motion carried.
B, f f h r A'
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE
THIELEN TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD
APRIL 27, 1998, AS WRITTEN. Motion carried unanimously.
C.
A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY CLINT
HERBST TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD MAY 4,
1998, AS WRTI'TEN. Motion carried unanimously.
3. r in in i h
A. 1 fv ~ 1 f r
Mayor Bill Fair requested that Council consider approving continued negotiations
with the post office facility landlord regarding sale of the adjacent vacant parcel
owned by the City.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT
HERBST TO AUTHORIZE THE CITY ADMINISTRATOR TO CONTINUE
NEGOTIATIONS FOR 60 DAYS REGARDING THE SALE OF THE CITY'S VACANT
LOT TO MR. CHARLES EHLEN AT A PRICE OF $24,000. Motion carried
unanimously.
4, i' n mm n i i n~ r ~ n m l in .
A. Mr. Faul Thielen, resident of Mississippi Drive, requested that the residents of
Mississippi Drive be given the opportunity to discuss with the City the landscaping
plan far the new wastewater treatment plant facility and that the trees be planted in
1998 rather than 1999.
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Public Works Director Jahn Simola suggested that staff meet with the residents on
Monday, June 1S, at 6 p.m, to discuss the landscaping plan and trail system in the
area.
S. Consent agenda.
Cauncihnember Herbst requested that item 5C be removed from the consent agenda for
discussion.
Councilmember Stumpf requested that item SE be removed from the consent agenda far
discussion.
City Administrator Rick Walfsteller noted that another condition should be added to
item SF. The item was removed from the consent agenda for discussion.
A.
n -R hrh i hr x nin.
Recommendation: Approve a resolution adopting assessment agreement
accepting bids, and awarding the contract for the Resurrection Church and
Methodist Church utility extension to Kuechle Underground, Inc., from Kimball,
MN, at a cost of $40,804.24. SEE RESOLUTION 98-18.
B, i f rn f r
Recommendation: Authorize City staff to prepare bid documents based upon
consultation with the Parks Commission for ornamental fencing for Hillside
Cerr~tery, with a phase I and II approach and an option for only half the work.
C. -
n i n Fin t i n .Removed from the
consent agenda for discussion.
D.
Estates III. Recommendation: Adopt the development agreement and approve
the final plat for Klein Farms Estates III.
E.
i D' i 1 1 L
Removed from the consent agenda for discussion.
F. i r fr ii' -1
Removed from the consent agenda for discussion.
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G. _onsid .ration o a zan"ng r~~mendrr~ent from ggri . ~l ur 1 to S (~ P~bli~./~
1?ublic Usk) and consideration of a conditional se permit within the PS Zonin
Section 13. A~yLcant: United Methodi~s h arch. Recommendation: Approve
the ordinance amendment to rezone from Agricultural to PS based upon the
finding that the proposed use is in conformance with the objectives of the
comprehensive plan and is compatible with the surrounding land uses.
SEE ORDINANCE AMENDMENT NO. 309.
Approve the conditional use permit to allow a church facility in a PS zone based
upon the finding that the proposed use has or will meet with appropriate changes
and the conditions as defined in the ordinance, including adequate traffic access,
adequate setbacks to protect adjacent properties, adequate parking to
accommodate the proposed use, and compatibility with the area and
comprehensive plan objectives. Approval is subject to the following conditions:
1. The applicant and the City, as the property owner, determine the
improvements to be constructed and responsibility for the costs associated
with the installation of a shared driveway, which satisfies the minimum
design standards of the zoning ordinance, to be located on the city property
along the length of the east property line of the subject site.
2. The applicant provide building elevation plans subject to review and
approval of the City Council.
3. The applicant provide a landscape plan that demonstrates unique
treatments to the sloped areas adjacent to the parking areas, including
retaining walls/terraced gardens, as a means of controlling storm water run-
aff and erosion.
4. All drive aisles be designed to a minimum width of 24 feet.
5. The site plan be revised to designate five (5) disability accessible stalls, one
of which must be van accessible.
6. All grading, drainage, and utility plans be subject to review and approval of
the City Engineer.
H. ~o~,sideration of a request for a conditional use permit ithi_n he P~ zorLne
district for a con fi~~t plan royal of a 60-unit townhouse develo~~~ent
~ li and; S r ~Z.y Buil_ders. Recommendation: Approve the conditional use
permit and concept stage PUD fora 60-unit townhouse development subject to the
following conditions:
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1. Provision of a bufferyard along the north boundary per zoning ordinance
requirements.
2. Submission of a survey docut~nting the length of the common boundary
with Ruff Auto and the limits of development on the Ruff Auto side of the
line.
3. Submission of proposed homeowner's association language which would
ensure the proper maintenance and future reconstruction of the private
street.
4. Compliance with the recommendation of the Parks Commission regarding
park dedication land or cash.
5. Alteration of the design to resolve driveway and paving expanse issues
raised in the staff report.
6. Alteration of the design to resolve street width and turning radius concerns
as noted in the staff report.
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Recommendation: Approve the concept stage PUD for Elm Street Crossing;
Approve the development stage PUD for Elm Street Crossing contingent upon the
following conditions:
1. Revised site plan illustrates proper access to all garages.
2. Submission of landscape plan illustrating intensified landscape treatments
as detailed in the staff report to Planning Commission.
3. Final approval of the preliminary and final plats.
Approve the preliminary plat for Elm Street Crossing contingent upon the
following conditions:
1. Submission of final utility plan for review and approval by City staff.
2. Submission of final grading plan for review and approval by City staff.
r~
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3. Submission of revised preliminary plat illustrating lot dimensions and
common space.
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4. Submission of lot covenants and homeowners association bylaws
demonstrating adequate provisions for common area maintenance.
5. Final approval of the planned unit development.
ni r n f rMill A ii r 1 1 li n•
R i n' 1 D vel n .Recommendation: Approve the preliminazy and
final plat of River Mill 4th Addition based upon the finding that the project is
consistent with applicable subdivision and zoning ordinance requirements, subject
to the following conditions:
1. The existing design of Mill Trail Lane/Mill Trail Drive as platted by River
Mill 3rd Addition be maintained. The extension of Mill Trail Lane as
platted by River Mill 4th Addition shall intersect the existing street design
at a 90-degree angle, subject to review and approval of the City Engineer.
L
2. Propased preliminary plat, Lots 13-17, Black 2, shall be designated as
Outlot B, River Mill 4th Addition, subject to final platting at such time as
the adjacent property to the east is platted to provide the remainder of any
street right-of way. The City does not guarantee any such platting, nor
does the City guarantee the development of any of Outlot B.
3. The City Council accept Outlot A, River Mill 4th Addition, as adding to
previous park dedication.
4. The preliminary grading, drainage, erosion, and utility plans are subject to
review and approval of the City Engineer.
5. The City Engineer recommend and approve the need and location of
easements to be included on the final plat.
b. The applicant enter into the standard development contract and
disbursement agreement with the City.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CL1NT HERBST TO
APPROVE ITEMS SA, 5B, SD, SG, 5H, SI, AND SJ OF THE CONSENT AGENDA AS
RECOMMENDED. Motion carried unanimously.
6. h n 1
SC. r h r - 4
Plant Ex„,pansion (e tension. f interiox_ mpl~l' n '
Public Works Director John Simola reported that the contract for the Wastewater
Treatment Plant expansion required that two 5BR tanks be operational by
Februazy 1, 1998; however, actual operation of the 5BR tanks occurred on
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Council Minutes - S/11/98
February Ib. The contract calls for liquidated damages for the delay in the amount
of $500 per day, and Adolfson & Peterson requested that the damages be waived
due to construction delays beyond their control. The Public Works Director
suggested that the damages could be waived contingent upon the entire project
being completed by a speck date.
AFTER DISCUSSION, A MOTION WAS MADE BY GLINT HERBST AND
SECONDED BY BRIAN STUMPF TO APPROVE THE EXTENSION OF TIME FROM
FEBRUARY 1, 199$, TO FEBRUARY 16, 1998, FOR OPERATION OF THE SBR
TANKS CONTINGENT UPON COMPLETION OF THE ENTIItE PROJECT BY
OCTOBER 15, 1998. Motion carried unanimously.
The Public Works Director also noted that Adolfson & Peterson requested that the
retainage amount be reduced from 5% to 1.(%. However, it was his view that it
would be more difficult to close the project without the customary 5% retainage.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY GLINT
HERBST TO KEEP THE RETAINAGE AMOUNT AT THE CURRENT S%. Motion
carried unanirnausly.
1
SE, r 1 ll
h B- i n i 1 Br L
Councilmember Brian Stumpf requested clarification of the proposal for an
outdoor display and sale of swimming pool products by Skippers Pools and Spas
on the HRA's property. He noted his concern regarding issuance of a conditional
use permit for a parcel that may be sold ain the future. Economic Development
Director Ollie Koropchak reported that the HRA's motion included a termination
date of August 31, 1998, for use of the property.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE
THIELEN TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING OUTDOOR
DISPLAY AND SALES SUBJECT TO THE FOLLOWING CONDITIONS:
ENTERING INTO A SATISFACTORY LEASE ARRANGEMENT WITH THE
HRA.
2. ALL LIGHTING MUST BE DIRECTED AWAY FROM THE PUBLIC RIGHT-
OF-WAY.
3. PARKING STALLS MUST BE CLEARLY STRIPED AND MARKED.
4. NO PERMANENT OR TEMPORARY SIGNS SHALL BE ERECTED ON THE
OUTDOOR DISPLAY.
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S. ANY SWIMMING POOL OR SPA DISPLAYED OUTDOORS MUST BE
PROVIDED WITH A CONTINUOUS SURROUNDING BARRIER TO
PREVENT ENTRY.
6. OUTDOOR SWIMMING POOL OR SPA DISPLAYS MUST NOT CONTAIN
ANY WATER.
7. THE CONDITIONAL USE PERMIT SHALL EXPIRE AUGUST 31, 1998, PER
THE HRA.
Motion is based an the finding that the proposed outdoor display and sales use is
connected with the principal use and limited to no more than 30% of the gross
floor area of the principal use; is compatible with the comprehensive plan and the
geographical area and character of the surrounding area; is justified by a
demonstrated need far such use; and does not substantially depreciate the area in
which it is proposed. Motion carried unanimously.
5F. n i r f r r 1 i i i n h nin i
+~ rra~+p +~_~~ S mily 1 t from one xistine narce A~licant• Dazvl Tines.
City Administrator Rick Wolfsteller reported that this property was originally
planned for one lot and may have only been charged for one sanitazy sewer in
197b. The City's policy has been to establish another assessment charge for
utilities if the lot is split, as it allows the City to recapture same of its cost far the
project. He also Hated that there may be an opportunity to give a credit against
the assessment for a small piece of land that may be donated for park land. It was
suggested that approval of the simple subdivision be contingent upon staff
investigation of the past assessment to the property.
Chief Building official Fred Patch noted that he discussed the assessment issue and
possible credit for the park land donation with Mr. Tindle and that Mr. Tindle
understood and was in favor of the assessment.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE
THIELEN TO APPROVE THE SIMPLE SUBDMSION CREATING ONE
ADDITIONAL BUILDING SITE AND A SMALLER PARCEL DESIGNATED AS
"AREA 3" FOR DEDICATION AS PARK LAND, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. WRITTEN APPROVAL OF ACCESS PERMIT IS RECEIVED FROM WRIGHT
COUNTY.
2. A CERTIFIED SURVEY IS COMPLETED WHICH VERTFFIES LOT
DIMENSIONS AND II.LUSTRATES THE ABILITY TO PROVIDE
ADEQUATE SETBACKS AND BUILDING AREAS PER ZONING
ORDINANCE REQUIREMENTS, WITHOUT VARIANCE.
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3. CTI'Y ENGINEER REVIEW OF DRAINAGE AND UTILITY PATTERNS AND
EASEMENTS IN THE AREA.
4. AREA 3, AS NOTED ON THE CONCEPT SUBDIVISION PLAN, WOULD BE
DEDICATED TO THE CITY FOR PARK USE.
S. CITY STAFF WILL INVESTIGATE THE PREVIOUS ASSESSMENT CHARGE
FOR SANITARY SEWER. IF ONLY ONE CHARGE WAS ASSESSED, AN
ADDITIONAL ASSESSMENT WILL BE PLACED AGAINST THE
ADDITIONAL PARCEL CREATED BY THE SIMPLE SUBDIVISION.
Motion carried unanimously.
7. R i n r h n '
Church site.
Assistant Administrator Jeff O'Neill reported that staff met with St. Henry's Church
officials on May 7 to review the latest cost figures far utility and road extensions, bridge
alignment alternatives, identify steps for obtaining a building permit, and incorporation of
the St. Benedicts Center into the financing program.
Three options were reviewed for the 7th Street extension. Option #1 proposed an angled
alignment at an estimated cost of $1,00$,200, option #2 proposed a straight bridge at an
estimated cost of $989,600, and option #3 proposed a straight bridge with bulb-out road
at an estimated cost of $625,200. Option #3 was the City's original choice for extension
of 7th Street; however, St. Henry's Church requested that the City review other options
because it would cause the road to cut through the Church's pazlcing lot and run too close
to the Church building. After reviewing vazious options, the Church preferred option #2,
the straight alignrr~nt with a hill. This option would be the least expensive for the Church
but the most costly for the City because of the large amount of fill needed to raise the
road.
Oversizing expense and minimum road width for 7th Street was discussed, and it was
noted that development of the Church and the 120-housing facility would require
construction of a 36-ft wide road; however, if the Church could demonstrate that it
generated less than the city standazd of 750 trips per day on average, the minimum width
could be established at 32 ft, which would result in the City paying the oversizing cost
difference between 32 ft and 44 ft.
In regard to water main, the azea would require a 12-inch water main according to the
water plan; however, since development of the Church and housing facility would require
a 10-inch line, the City would pay the oversizing cost.
Mr. John Olson, Business Administrator for St. Henry's Church, stated that the Church
has offered 8 acres far senior housing, dedication of property for roadway and bridge
development, has set aside approximately 3 acres for storm water ponding, and would
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Council Minutes - 5/11/98
provide fill far the roadway under option #2. In return, the Church requested that the
trunk fees be based on the developed site of 10 acres; the street assessment be based on a
32-ft road; the City pay oversizing fram an $-inch line to a 12-inch line for both water and
sanitazy sewer; the project cost be assessed for 20 years at 6.5%; and the Church, City,
and HRA pazticipate equitably to develop the project.
City Engineer Bret Weiss responded that, after further study, a recommendation will be
given for the roadway width and minimum requirement for water and sanitazy sewer lines.
In regard to the dedication of 3 acres for storm water ponding, he noted that credits could
not be given against trunk storm sewer fees because ponding was not anticipated in this
area. City Administrator Rick Wolfsteller added that in the last few years the City has
kept assessment roIls to 10 years but could be extended if approved by Council.
However, he noted that if the assessment is extended to 20 yeazs, the interest rate would
likely be higher than 6.5%.
Council discussed the assessment roll as well as the 7th Street extension and bridge
options, noting that the City must take into consideration the City's portion of the project
cost. It was suggested that the City use as a base the cost of option #3 as originally
planned, with the Church paying additional costs for alteration of the plan and receiving
credits where due.
After discussion, it was the consensus of Council to allow the assessment to be paid over
20 years at the current interest rate at the time of bonding.
It was also the consensus of Council to use option #3 as the base cost for the street and
bridge project and table the other issues until recommendations aze received at the meeting
scheduled for May 26, 1998, at which time the Council will also make a final decision on
the assessment agreerr~nt.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CUNT HERBST TO TAKE A
5-MINUTE RECESS. Motion carried unanimously.
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Assistant Administrator Jeff O'Neill reported that a significant concept of the
comprehensive plan is to direct future growth to the south and west of the city by
investing in infrastructure improvements to serve growth in that direction rather than to
the east. The proposed amendment to the comprehensive plan was modified slightly from
the original draft, which reflected input from landowners between County Raad 39 and
90th Street. Additional industrial land was identified to the south of the Chelsea Road
alignrr~nt, and an area of future study was identified which contemplates the expansion of
the proposed industrial azea along the remainder of the Chelsea Road corridor. The text
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Council Minutes - 5/11/98
was also modified to allow added flexibility and emphasize that it is a guide plan and is
intended to illustrate a pattern of land use. Planning Commission voted unanimously to
recommend approval of the amendments to the comprehensive plan.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY
ROGER CARLSON TO APPROVE THE AMENDMENTS TO TIDE COMPREHENSIVE PLAN
AS PROPOSED IN THE SOUTH/WEST AREA PLAN. Motion carried unanimously.
9. Consideration of bills for the first half of Mav 1998.
A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY BRUCE THIELEN TO
APPROVE THE BILLS FOR THE FIRST HALF OF MAY 1998 AS PRESENTED. Motion
carried unanimously.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY GLINT HERBST TO
ADJOURN. Motion carried unanimously.
Kar n
Office Manager
LJ
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